Dems Warn Of Judicial Overreach As ACA Arguments Loom

Law360 (May 22, 2019, 10:02 PM EDT) -- A district court's invalidation of the entire Affordable Care Act was an egregious misuse of judicial power, Democratic lawmakers and state attorneys general told the Fifth Circuit on Wednesday, setting the stage for oral arguments on the ACA's fate.

In a pair of reply briefs, the Democratic-controlled U.S. House of Representatives and a coalition of Democratic attorneys general portrayed a Texas federal judge's nullification of the ACA as an exercise in judicial activism performed after congressional Republicans failed to repeal the law.

"With the stakes this high, faithful adherence to principles that restrain the exercise of the judicial power is vital,"...

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